Rhine v. McMahon et al, No. 3:2016cv00954 - Document 5 (S.D. Cal. 2016)

Court Description: ORDER granting 4 Motion for Leave to Proceed in forma pauperis. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). The plaintif f's complaint is dismissed and plaintiff is granted forty-five days leave from the date of this Order in which to file an Amended Complaint. Signed by Judge Larry Alan Burns on 5/16/16. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service)(blank complaint 1983 form mailed to plaintiff)(kas)